Ex's Boat Still on My Property

What is the name of your state? Florida

Our divorce was final in July of 2004. He was instructed by his attorney to have all his personal things removed from the property prior to the court date. He still has not removed his sailboat from the premises, despite an attempt on my part to request that he remove it. In the divorce settlement, he kept the boat and some valuable stocks, I kept the house and land. I heard he was considering donating the boat for a tax deduction and I even gave him an organization (other than Goodwill) that he could donate it to. I'm getting frustrated with his year long procrastination and really want the boat gone.

1) What options do I have?
2) Is there a point where it would be considered abandoned property?
3) Can I force him into paying a storage fee and put a lien on his boat until it's paid?

I'm just not sure how I should proceed. Thanks.

cdmalloy said:

What is the name of your state? Florida

Our divorce was final in July of 2004. He was instructed by his attorney to have all his personal things removed from the property prior to the court date. He still has not removed his sailboat from the premises, despite an attempt on my part to request that he remove it. In the divorce settlement, he kept the boat and some valuable stocks, I kept the house and land. I heard he was considering donating the boat for a tax deduction and I even gave him an organization (other than Goodwill) that he could donate it to. I'm getting frustrated with his year long procrastination and really want the boat gone.

1) What options do I have?
2) Is there a point where it would be considered abandoned property?
3) Can I force him into paying a storage fee and put a lien on his boat until it's paid?

I'm just not sure how I should proceed. Thanks.

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Is the boat really in your way? Taking up space you need for something else?
If so, then by all means send him a certified letter giving him 30 days to remove the boat from your property or you will dispose of it yourself. If not, consider letting it go for a while longer. Odds are that he really doesn't have any place to put it...but really doesn't want to give it up either.

Thanks for responding. I have 5 acres and no, it's not in my way. Like I said before, he's a procrastinator, we were divorced a year ago (he was supposed to have removed it then) and I'm really getting tired of seeing it there. It's a painful reminder of better times and makes it harder for me to move on and let go of the past. Plus, I'm feeling very used as he would be paying a hefty monthly fee had he moved it into storage like he said he would. I feel as though I've been more than gracious seeing as how he's the one who wanted to end the marriage and I didn't.

cdmalloy said:

Thanks for responding. I have 5 acres and no, it's not in my way. Like I said before, he's a procrastinator, we were divorced a year ago (he was supposed to have removed it then) and I'm really getting tired of seeing it there. It's a painful reminder of better times and makes it harder for me to move on and let go of the past. Plus, I'm feeling very used as he would be paying a hefty monthly fee had he moved it into storage like he said he would. I feel as though I've been more than gracious seeing as how he's the one who wanted to end the marriage and I didn't.

Click to expand...

Then by all means give him 30 days to remove it.

Does this boat have a title to it, like a car? If so, disposing of it may not be so easy. And unless you have a prior written agreement to charge him for storage, you cannot ask for it now for the time it has already been there.

Your other option is to contact storage facilities in your area and get a few written estimates under the guise of storing a sailboat there. Then give him 30 days to remove it, or you will charge him however much a day to store it on your property, and send him copies of the estimates from the most expensive company (reference the estimate in your letter..."attached is the estimate from XXX Company). Make sure in your letter you let him know that not acknowledging your demand in writing within 30 days, or by leaving the boat there past the 30 days, will be the same as him signing a contract to pay you storage fees. Also, say the estimate is for $60.00/month. Tell him it is a daily fee, which would be $2.00/day. If you do it monthly, he may leave it there for three weeks past the 30 days and say that since he didn't leave it there for a month, he doesn't have to pay. You also want to mention that you are in no way responsible for anything that happens to the boat, if it is damaged or stolen.

The problem with this scenario is of course that the boat will still be on your property.

My thanks to both of you so very much.

Yes the boat does have a title and it belongs to him. I very much like the suggestion of the 30 day notice along with the daily charge vs the monthly. This man is so tight with money he squeaks when he walks, so I'm more than certain this will have him moving like the wind to get the boat removed, which really is my goal.

This is precisely what I will do. Thanks again!!